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This is an archive article published on October 9, 2012

HC irked over Centre’s failure in hearing Rithambara

The Delhi High Court today took strong exception to non-compliance of its order to the Centre to accord personal hearing to VHP leader Sadhvi Rithambara's plea for renewal of her passport for ten years instead of one year as she frequently visits abroad.

The Delhi High Court today took strong exception to non-compliance of its order to the Centre to accord personal hearing to VHP leader Sadhvi Rithambara’s plea for renewal of her passport for ten years instead of one year as she frequently visits abroad.

“What notice? …I should issue a contempt notice to you (Ministry of External Affairs),” Justice Rajiv Shakdher said.

The court issued a show cause notice to the Ministry of External Affairs (MEA) and others including Regional Passport Office and asked a senior official to “remain present” on November 21 before it if its previous order is not complied with by then.

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Justice Shakdher had asked the MEA earlier to accord personal hearing to the VHP leader’s plea that she be issued a passport for a period of ten years instead of one year as she frequently visits abroad for giving religious discourses.

Disposing of the plea,the court had earlier said her petition be treated as a representation and a reasoned order be passed within four weeks.

Rithambara today moved a fresh application for revival of her petition saying so far,she has neither been accorded a personal hearing nor a reasoned order was passed on her representation. The plea for revival was allowed.

The VHP leader,facing trial along with others including veteran BJP leader L K Advani in the Babri mosque demolition case,had argued that the Passport Act provides that a person would be issued it for a period of ten years and later,it can be renewed or extended for the same period.

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However,the Regional Passport Office,which initially issued the passport in 1991 to her for ten years,extended it by one year only on August 3,2009 and in May 2012.

The MEA justified its the decision saying it was done due to her involvement in the criminal case.

The religious preacher,in her plea,had alleged that the extension of a passport for a shorter time (one year) is an infringement of her right under Article 21 (right to life) of the Constitution which also includes the right to unfettered travel without any unlawful limitations of time.

The VHP leader,who was once at the forefront during the BJP campaign on Babri mosque-Ram Janam Bhoomi row,said she has been implicated in the case.

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The religious preacher has sought a direction to the Centre for issuance of the passport for 10 years saying that its shorter validity makes difficult the task to pursue visa issue with foreign missions here.

Once in a year,Sadhvi has to visit the office of RPO for extension of her passport and it is a time consuming act,the petition said,adding that “the extension of passport for a shorter duration was arbitrary” considering the fact that the court at Rai Bareilly has never passed an order against her on the issue.

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